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(영문) 대구지방법원 안동지원 2019.01.17 2018고합53
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the E's spouse who was elected as a B-Eup, C-Myeon, and D local council member in the 6th local council election implemented on June 4, 2014.

A National Assembly member, local council member, head of a local government, representative of a political party, candidate (including a person who intends to become a candidate), and his/her spouse shall not make a contribution (including a act of wedding) to a person in the relevant constituency, institution, organization, or facility, or a person, institution, organization, or facility having relations with the electorate even if it is outside the relevant constituency.

At around 16:00 on April 14, 2018, the Defendant, as the spouse of a member of a local council, entered the G community hall located in F along with E, and participated in the place where the residents H, I, and J are drinking in the relevant constituency. On the other hand, the Defendant: (a) reported that the liquor is not out of the destruction of the liquor; and (b) reported that “L Doctrine,” “L Doctrine,” located in K, called “L Doctrine,” and called “L Doctrine,” at around 16:13 on the same day, called “L Doctrine,” and ordered “L 14,000” to deliver it to the said community hall; and (c) as a result, “L” issued an order at around 17:00 on the same day to deliver it to the above community hall.

As a result, the defendant, as a spouse of local council members E, made a contribution to the residents H in the constituency concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning M and H;

1. Each police statement made to I and J;

1. A report on internal investigation (Attachment of outputs on the N Council homepage), internal investigation report (specific date and time of crime), investigation report (O telephone communications at village head);

1. One copy of the currencies of P and Q No;

1. Application of Acts and subordinate statutes on family matters based on householder;

1. Article 257 (1) 1 and Article 113 (1) of the Public Official Election Act concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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